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FAIRCLOUGH v. HUGO

207 A.D.2d 707 (1994)

616 N.Y.S.2d 944

Lois Fairclough et al., Appellants, v. Norman Hugo et al., Respondents, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

September 20, 1994

Under the facts of this case, we agree with the IAS Court that the plaintiffs have failed to establish that the alleged failure to preserve evidence would make it extremely difficult or impossible for the plaintiffs to establish their claim for malpractice (see, Pharr v Cortese, 147 Misc.2d 1078

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